General Insurance Quick Reference Guide

The following quick reference guides are a summary and are intended to give readers an overview. The summaries are not and should not be taken as legal advice or legal opinion. Although every effort has been made to be accurate, this information and its accuracy cannot be guaranteed. Also, laws do change over time and will apply differently as changes occur. Additionally Hozubin, Moberly, Lynch & Associates does not endorse any website that is linked to in these guides. If you should find a link that is broken, please let us know. These guides are intended to be viewed in Internet Explorer 6 or higher.

General Insurance Quick Reference Guide

Contributory/ Comparative Negligence

Comparative. Jury allocates percentage of fault among all “parties” to the litigation.

50/100/25 providing coverage within U.S. and Canada. AS 28.20.440(b)(2) (Source)

BI Stat. of Limits

2 years AS 09.10.070(a) (Source)

PD Stat. of Limits

2 years AS 09.10.070(a) (Source)

WD Stat. of Limits

2 years from date of death AS 09.55.580(a) (Source)

UM/UIM Stat. of Limits

Suit against driver of opposing vehicle must be filed within 2-year tort statute of limitations from date of incident to preserve claim under policy. Implied in AS 28.20.445(e)(1) which requires exhaustion of underlying insurance by payment, judgment or settlement.” No way to compel exhaustion if statute of limitations against negligent driver has run. (Source)

Suit against carrier must be filed within 3 year contractual statute of limitations. AS 09.10.053 (Source)

Minor Child Stat. of Limits

2 years after 18 th birthday for all claims except sexual abuse. AS 09.10.140(a). (Source)

Sexual abuse is 3 years from 18 th birthday which can be extended to 3 years from date of discovery that act or series of acts caused injury. AS 09.10.140(b). (Source)

No statute of limitations for perpetrator of felony sexual abuse of minor. AS 09.10.065 (Source)

Child is held to the standard of care of a reasonable person of the same “age, intelligence, and experience under like circumstances” except “where the child engages in an activity which is normally undertaken only by adults, and for which adult qualifications are required.” For example, if a child drives a car, age and inexperience may not excuse the child from liability for driving in a negligent manner. Ardinger v. Hummell 982 P.2d 727, 731 (1999)

(b) Greater of $400,000 or injured person’s life expectancy multiplied by $8,000.

(c) If severe permanent physical impairment or disability involved greater of $1,000,000 or injured person’s life expectancy multiplied by $25,000.

(d) Multiple injuries sustained by one person in single incident are one injury for purposes of this statute.

AS 09.17.010. (Source)

BAC Level

.08. AS 28.35.030 (Source)

Subrogate Med Pay

Yes. No specific authority

Subrogate PIP

N/A: no PIP

Seatbelt Defense

No. If defendant can demonstrate that plaintiff would have suffered less severe injuries by using operable seat belt, jury can consider for purposes of reducing damages. Hutchins v. Schwartz, 724 P.2d 1194, 1199 (1986)

Collateral Sources Offset?

Yes but only as to sources that do not have a right of subrogation by law or by contract.

Yes. AS 21.36.360(b)(2) & (3) prohibits claimant or someone assisting the claimant to file documents or make statements containing “false, incomplete, or misleading information concerning a matter material to the claim.”

AS 21.36.380 requires warning as to fraud on claim forms. However, absence of warning is not a defense.

Appraisal Section of Policy Enforceable?

Yes. No specific authority holding to the contrary.

Statute of Limitations

2 years for damage to personal property. AS 09.10.070

3 years for breach of contract. AS 09.10.053

6 years for waste or trespass upon real property. AS 09.10.050

Contractual Suit Limitation in Policy Enforceable?

Insurer must demonstrate that it has been prejudiced by the insured’s failure to file suit, give notice of claim, file proof of loss or to cooperate within time limits set out in insurance contract before those will be enforced. Estes v. AlaskaIns. Guar. Association, 774 P.2d 1315, 1318 (1989)

DOI Timelines

? ? ? ?

Notice of Claim Letter

Within 10 working days of receipt of notice of claim for both first- and third-party claimants. 3 AAC 26.040(a)(1) & (b)(1).

Respond to All Communications Which Reasonably Indicate a Response Is Expected

Within 10 working days of receipt for both first- and third-party claimants. 3 AAC 26.040(a)(2) & (b)(2).

Respond to Proofs of Claims

For first-party claimant, within 15 working days unless extension of time is sought prior to the expiration of that time giving the reasons more time is needed. 3 AAC 26.070(a)(1)

Pay Claims

For first-party claims, pay amounts not in dispute within 30 working days. 3 AAC 26.070(a)(2)

How is ACV Determined?

ACV or “fair market value” is the amount at which property would change hands, between a willing buyer and a willing seller, neither being under compulsion to buy or sell and both having reasonable knowledge of the relevant facts. Fortson v. Fortson, 131 P.3d 451, 462 (2006).

Licensing Requirements?

Age 14 can apply for “learners” permit. AS 28.15.051.

Age 16 can apply for “provisional” permit if had “learners” permit for six months, certified to have 40 hours of driving experience including 10 hours in challenging circumstances and no traffic violations in previous six months. AS 28.15.057

Before age 18 may obtain “drivers” license if had valid “provisional” permit for six months and no traffic convictions for six months. AS 28.15.057(a)

“Provisional” permit drivers may not transport passenger unless one is a parent, guardian or person over 21 years of age nor drive between the hours of 1:00 a.m. and 5:00 a.m. unless work-related. AS 28.15.057

Application for minor (under age 18) must be signed by parent or guardian or another adult willing to assume statutory responsibility. Any negligence or willful misconduct by minor driver will be imputed to the adult who signed application for minor. Adult jointly and severally liable with minor. Adult can replace this liability with proof of financial responsibility, e.g. insurance policy. AS 28.15.071

State-Specific Issues?

“Prevailing party” awarded attorney fees. Progressive scale set out in Rule based upon size of judgment if money awarded. Percentage of actual if no money judgment awarded. Civil Rule 82